case of burglary dismissed
Started by phrogman , Apr 24 2013 10:03 AM
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Posted 24 April 2013 - 10:03 AM
I just had a case of burglary dismissed, with prejudice-due to prosecutorial misconduct, lack of charging document or warrant, denial of right to speedy trial, due process and procedural due process denials. I live in North Dakota. The state did not file an appeal within 30 days. I have already filed 1983 with the Norht Dakota Insurance Reserve, who bonds and insures state agencies, i.e. sheriff, DA of each county, etc. I've spoken to the number 2 in that office and was told they have hired an attorney to represent the county I am suing. The ACLU that represents ND is seated in South Dakota, and actually serves both states. I have requested their assistance, due to the fact that this is a civil rights issue(state and federal-as the 14th amendment makes federal law applicable to the states; specifically regarding due process), and was told they do not have the resources are staff to assist me.
I was arrested from my place of work(without a warrant, nor was I read Miranda), a job I lost as a result. Jailed without charges for 13 days, subsequently released on unsecured bond so that the state could file formal charges and so the sheriff could file charges. As per state law (ND), the state or sheriffs office must file charges within 48 hours-72 in certain circumstances. I was given a bond hearing on the 4th day of incarceration, a bond on charges that weren't even filed, so did not exist! The judge should have dismissed then, but did not. After I repeatedly inquired as to nature of my charges, and was granted indigent defense, my attorney verified that indeed, no charges of any kind had been filed. For this I was given unsecured bond and set a future court date. I had court 5 more times over 6 months, during which time I insisted my attorney file for dismissal. I was granted dismissal with prejudice.
I seek legal cousel, if not representation-I can forward my legal documents.
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